Title IX of the Education Amendments of 1972

Title IX States

"No person in the U.S. shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance"

Sex Discrimination

The purpose of Title IX of the Education Amendments of 1972 is to eliminate discrimination on the basis of sex in any education program or activity receiving Federal financial assistance. The following link addresses frequently asked questions about sex discrimination and describes the schools and programs that are covered by Title IX, who is protected under Title IX, and provides a brief summary of the school and program responsibilities under Title IX.

Frequently Asked Questions about Sex Discrimination

Implementing Regulations

U.S. Department of Education

34 C.F.R. Part 106, with preamble (Aug 14, 2020 to the present)

34 C.F.R. Part 106, without preamble (Aug 14, 2020 to the present)

34 C.F.R. Part 106 (prior to Aug 14,2020)

Proposed Rulemaking

On June 23, 2022, the U.S. Department of Education’s Office for Civil Rights (OCR) released proposed amendments to the Department’s Title IX regulations. The proposed regulations aim to ensure full protection under Title IX for students, employees, and others and end all forms of sex discrimination in federally funded elementary and secondary schools and postsecondary institutions. The agency’s goal is to ensure that no person experiences sex discrimination in education, that all students receive appropriate support as needed to access educational opportunities, and that school procedures for investigating and resolving complaints of sex discrimination, including sex-based harassment and sexual violence, are fair to all involved. The proposed regulations would also clarify Title IX’s coverage of discrimination based on sexual orientation and gender identity, as well as sex stereotypes, sex characteristics, and pregnancy or related conditions.

The Department’s Proposed Title IX Rule was published in the Federal Register on July 11, 2022, thus beginning the 61 day public comment period. The public comment period closed on Sept 12, 2022.

Additional information on the proposed rule, includes a summary with background information and a fact sheet.

Until any new regulations go into effect, the 2020 regulations remain in effect. For more information on the 2020 regulations, visit: Sex-Based Harassment.

Webinar Series

An Overview of the 2020 Title IX Regulations: What they are and Steps to Take

This two-part informational webinar series was delivered virtually Oct 2020, by the Colorado Department of Education (CDE), in collaboration with the Colorado Association of School Boards (CASB). For more information, or to request a copy of the webinar series, please contact Rebekah Ottenbreit at Ottenbreit_r@cde.state.co.us

Obligation to Designate a Title IX Coordinator

The U.S. Department of Education's Implementing Regulations 34 C.F.R. Part 106 and the 2020 Title lX Regulations require that all recipients of Federal financial assistance, including elementary and secondary schools, designate at least one responsible employee to coordinate the efforts to comply with Title lX of the Education Amendments of 1972.

A list of district Title lX Coordinators can be found at ED.gov Civil Rights Coordinators Data Website.

Annual Training for Title IX Personnel

Under the 2020 Regulations, Title IX personnel should receive annual, role specific training, conducted by Title IX professionals with experience in Title IX investigations.

Questions and Answers on Civil Rights in the COVID Environment

May 2021, the U.S. Department of Education issued a Questions and Answers document on Civil Rights and School Reopening in the COVID-19 Environment. This document provides answers to common questions about schools’ responsibilities under civil rights laws, including Title IX. Questions specific to Title IX begin on page 20 and continue to the end of the document.

How to Report a Title IX Issue

All of the school/district educational community needs to know how to report sexual harassment. Under the 2020 regulations, schools must notify all applicants for admission or employment, students, parents or legal guardians of K-12 schools, employees, and unions or professional organizations holding collective bargaining agreements that:

The school/district does not discriminate on the basis of sex
The school/district is required, under Title IX, not to discriminate on the basis of sex
This requirement extends to admissions and employment
Inquiries may be referred to the school/district Title IX Coordinator, to the Office for Civil Rights, or to both

Complaints

Title IX complaints should be filed with the individual school or district. However, a complaint may also be filed with the Office for Civil Rights: How to File a Discrimination Complaint.